ERSP is an investigative unit of the advertising industry’s
system of self-regulation and is administered by the Council of Better Business
Bureaus. The marketer’s advertising came to the attention of ERSP through an
anonymous competitive challenge.

“And the
last thing you want to do is throw that hard work away by eating other
nutrition bars or meal replacement bars that are little more than thinly
disguised candy.”

“As most
people know, if you want to stay healthy, lose fat or build LEAN muscle, you
must control your carb intake. That's why we've worked so hard to create Quest
Bars with very few active carbs.”

“Quest
Bars will also curb your hunger more effectively than most foods. Because they
are packed with fiber, you'll find that they are very filling. The natural fats
and proteins will further keep your appetite satisfied for hours - making sure
that you can easily stay away from eating higher calorie, less nutritious fare.”

“Uniqueness”
and “one-of-a-kind” claims

At the
outset of the inquiry, the marketer informed ERSP that several of the
advertising claims that were
the subject of the inquiry are currently the subject of pending litigation. As
such, ERSP agreed that it was not appropriate to review those claims.

Moreover, the marketer voluntarily discontinued
several claims, including testimonials at issue in ERSP’s inquiry.

Regarding the claim “And the last thing you want to do is throw that hard work away by
eating other nutrition bars or meal replacement bars that are little more than
thinly disguised candy,” ERSP recommended that the claimbe modified in future advertising in a way
that conveys a less broad, less categorical message to consumers regarding the
competitive products on the market.

ERSP determined that the implication that
consumers will lose fat or build muscle simply by eating Quest bars would not
be considered a “core claim” in the advertising. However, ERSP noted that it
would be helpful for the marketer to reinforce to consumers that
combining an effective diet and exercise regimen is the most effective method to
obtain meaningful weight loss and that Quest bars are intended to be used as an
adjunct to, and not as a substitute for, a dedicated diet and exercise regimen.

As support for its claim that “Quest Bars will also curb your hunger more
effectively than most foods,” Quest Nutrition provided ERSP with a
comparison of the fiber content of its protein bars to several common high-fiber
foods and other nutrition bars. Based on the comparative data, ERSP determined
that the marketer provided a reasonable basis for the claim.

Finally,
after reviewing the evidence in the record, ERSP determined
that the marketer adequately substantiated its “Uniqueness” and “one-of-a-kind”
claims.

The company, in its marketer’s statement, said, “We will
follow ESRP’s recommendations and revise one sentence and add two sentences in
our website for the sake of clarity.We
are grateful to have participated in ESRP’s review and will continue in our
mission to provide high quality, nutritious products to our valued Quest family
as we strive for constant improvement in our lives and our products.”